John J. Malm & Associates Wins $350,000 Settlement for 13-Year-Old ATV Rider Injured at Terrain Park

John J. Malm & Associates is proud to announce a $350,000 settlement for a 13-year-old boy who suffered severe injuries in an ATV accident at a terrain park in Indiana. This case highlights the dangers of off-road vehicle parks when participants fail to follow safety rules and the importance of uninsured motorist (UM) coverage to protect victims of such accidents.

Through careful investigation, skilled negotiation, and a commitment to justice, our team secured the compensation needed to support this young man’s recovery and provide his family with the financial relief they deserved.

The Accident: A Preventable Tragedy

The accident occurred at a popular off-road terrain park in Indiana. This park offers recreational opportunities for families and thrill-seekers alike, featuring challenging terrain like sand dunes, wooded trails, and gravel paths for ATVs, dirt bikes, and other off-road vehicles. Visitors are required to sign liability waivers and follow specific safety rules, including:

• No blind jumping.
• Maintaining speeds under 15 mph.
• Keeping control of vehicles at all times.

During a family camping trip, the 13-year-old boy was riding an ATV inside a sand bowl. He wore full safety gear, including a helmet, and was carefully taking his turn riding in the designated area.

Tragically, another park visitor ignored the safety rules. The dirt bike operator approached the sand bowl at high speed and blindly jumped into it without checking for other riders. The rear tire of the dirt bike struck the boy’s helmet, throwing him violently from his ATV.

The boy suffered severe injuries, including:

• Traumatic Brain Injury (TBI)
• Skull and Clavicle Fractures
• Pulmonary and Shoulder Injuries

Emergency responders arrived quickly, and the boy was transported for urgent medical care.

The Role of Negligence in the Accident

The dirt bike operator’s reckless actions were clear violations of the terrain park’s rules and basic safety standards. He:

• Failed to maintain control of his vehicle.
• Drove at an excessive speed in a high-traffic area.
• Ignored visible signs of riders in the sand bowl.
• Blindly jumped into the sand bowl without ensuring it was clear.

These actions directly caused the collision and the boy’s life-altering injuries.

The Legal Challenges

ATV accidents at recreational parks often present unique legal complexities. Liability waivers signed by participants can create obstacles, and the high-risk nature of off-road activities makes determining fault more challenging. Additionally, the dirt bike operator in this case was uninsured, leaving the boy’s family with no recourse through the operator’s insurance.

Fortunately, the boy’s father had wisely secured uninsured motorist (UM) coverage through his automobile insurance policy, which extended to the family’s ATV. This coverage provided a critical avenue for financial recovery.

Our Approach to Securing Justice

At John J. Malm & Associates, we took a comprehensive and strategic approach to this case to ensure the best outcome for the boy and his family:

1. Expert Investigations

We worked with knowledgeable accident reconstructionists to analyze the circumstances of the collision, proving the dirt bike operator’s clear violations of park safety rules. Medical professionals provided detailed evidence of the boy’s severe injuries, their long-term impact, and the extensive care he would need.

2. Confirming UM Coverage

After reviewing the family’s automobile insurance policy, we confirmed that the uninsured motorist (UM) coverage applied to the ATV involved in the accident. This coverage became the foundation for pursuing compensation on behalf of the injured boy.

3. Negotiating with the UM Carrier

We compelled the UM carrier’s attorneys to proceed to settlement negotiations. By presenting compelling evidence of the operator’s negligence and the boy’s significant damages, we positioned the case for a favorable resolution.

4. Mediation Success

Through skilled advocacy during mediation, we successfully negotiated a $350,000 settlement for the boy. This outcome provided the financial resources needed for his recovery and future care.

The Importance of Uninsured Motorist Coverage

This case underscores the critical role of UM coverage in protecting families from financial devastation after an accident with an uninsured driver.

Many operators of dirt bikes, ATVs, and other off-road vehicles lack insurance coverage for bodily injury liability. Without UM coverage, victims of such accidents are left without a means of financial recovery.

“As an ATV enthusiast and rider, I know the joys and risks of the sport. Families must take proactive steps to review their uninsured motorist (UM) coverage. This case demonstrates how vital UM coverage is for protecting riders. We were proud to ensure this young man received the financial support he needed to recover and move forward with his life.” — John J. Malm, Illinois ATV accident attorney

The Settlement: A Path to Recovery

The $350,000 settlement will help cover:

• Past and future medical expenses.
• Pain and suffering.
• Rehabilitation and long-term care.

For the boy and his family, this settlement provides critical financial stability as they focus on his recovery and adapting to life after the accident.

Contact the 5-Star Rated Illinois ATV Accident Lawyers at John J. Malm & Associates

If you or a loved one has been injured in an ATV, dirt bike, or off-road vehicle accident, you don’t have to face the challenges alone. At John J. Malm & Associates, we are here to help you navigate the legal process and secure the compensation you deserve.

With offices in Naperville and St. Charles, we proudly serve clients throughout Illinois. Contact us today for a free consultation. Justice starts here.